Direito à reparação civil em contratos de seguro de vida, nos casos de suicídio do segurado, sob ótica da boa-fé objetiva e dos fatos sociais

Abstract

In this work the possibility of payment of life insurance to the beneficiary in the case of suicide of the insured before 2 (two) years of contract was developed, through the vision of Durkheim and application of objective good faith, opposing to art. 798 of the Civil Code (CC / 02) and Precedent 610 of the Superior Court of Justice (STJ). This analysis is of great importance so that the teleological and principiological functions are not ignored, while presenting a new rule for the payment of capital stipulated in the life insurance contract. In this way, the three phases of Hegel's dialectic are used: thesis, antithesis and synthesis. The first is the assumption of truth, the other a refutation of the thesis, and finally the result of the counter argument of the thesis, a new assumption of the truth, respectively. It was identified the rules and summaries that govern and govern the issue of payment of insurance to the beneficiary, as well as judicial decisions on the subject. From this, weaknesses were found within the criteria adopted by the STJ and CC / 02 which is merely temporal by Durkheim's theory of social facts that denies the voluntariness of suicide and by the principle of objective good faith that imposes behavioral analysis to prove of bad faith. It is concluded that the beneficiaries must receive the consideration of the insurer, unless there is unequivocal evidence of bad faith of the insured in the suicide, with the purpose of illicitly enriching the beneficiary at the expense of the insurer